Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1887-05-05

prisuument at hard labor for life, lie put upon his
trial, the clerk under the direction of the court,
shall place the names of all the traverse Jurors
summoned and in attendance, In a box, upon separ
ate tickets, and the names, after being mixed shall
be drawn from the box by the clerk, one at time,
for the purpose OF constituting jury of trial All
peremptory challenges, except as herein provided,
and all other challenges and objections TO the juror
drawn, shall be made and determined. and the ju-
ror sworn set aside. before another name is
drawn, and on until the panel is completed The
state shall not challenge more than i've of the u.
peremptory, and the person indicted shall not
challenge peremptoriy more than twenty Of the
Jurors while the panel is being formed but he
may, before the trial commences, challenge pc
remptorily two of the Jurors from the panel. The
supreme judicial court may by general rules pre-
scribe the mode of exercising The right of chal-
lenge from the panel in all criminal cases
Section l. Section fourteen OF chapter one AuI-
bred and thrtyfour Of the revised statutes is here
by amended, so as to read as follows;
Section a. The clerk shall, without charge,
furnish to any person indicted for crime punish.
able by imprisonment in the state prison, copy of
the Indictment, II he is indicted for crime pun
ishable by imprisonment IN the state prison for
life, he shall furnish copy Of the Indictment,
list of the jurors returned. and process 10 obtain
witnesses 10 r. summoned and paid at the expense
of the state, il 70. crime punishable by imprson
ment for term Of years, witnesses shall be sum
moned and paid at the expense OF the state only at
the discretion of the court. Competent counsel
shall be assigned 10y the court in cases formerly
capital and punishable by imprisonment at
hard labor for life, when It appears that the
cused has not sufficient means to employ counsel
hundred and fifty dollars in all at any one trial
shall be allowed by the court TO be paid cut of the
county treasury
Section 5. Section twenty-one Of chapter one
hundred and thirty-four of the revised statutes is
hereby amended, to read as follows.
Section II. The following oath shall be admins
tered to jurors in cases formerly capital and now
punished by Imprisonment at hard labor for life:
You swear that You Will well and truly try, and true
oner al the bar, whom you shall have in charge, ac-
cordlng 10 your evidence. SO help y0u God In
all other criminal cases, the following You
swear that Won will well and truly try the issue be-
tweeIt the state and the defendant, according to
your evidence. SO help You God" Any juror con-
sciennousy scrupuou- .! taking al oath, may at
6Tm in the mode describe in section three
Section s. Section twenty four OF chapter one
hundred and thirtyfour of the revised statutes Is
hereby amended 80 A. to read as follows:
Section "a The trial Of any criminal case, eI-
cept one formerly capital and now punished By i'm
prisonrnent for life may be postponed by the court
to future day of the same term, or the jury may
be discharged therefrom, and the case Continued
If justice viii thereby he promoted.
Section I. In the trial of ind -tuent FOR any
ofense formerly capital, and now punished by i'm
prisonment at hard labor for life, the Judge presd
ing shall, at the expense OF the county, en-
ploy suitable means to preserve an accurate and
full copy of the evidence, and in case OF conVic-
ton he shat correct and certify such evidence TO
be a true copy of all the evidence il the case.
Section 8 Whenever any convict sentenced to
imprisonment at hard labor for lite, for offence
committed after this act takes effect, which was
formerly capital, and l. now made punishable by
Imprisonment at hard labor for lite desires to OBJ
tain a pardon or u Communication OF such sentence
he may present written request to the justices OF
the supreme judicial court, In term time or yaca-
ton asking that application therefor be made to
the governor in his behalf and he shall therein set
forth specifically, the grounds which such APP
pcation for pardon Communication of sentence IS
requested, and the facts which he expects TO prove
in support of the same, together with the names
and residences of the witnesses by whom be
poets to prove such facts, and with such request,
lie shall present the aadavits of such witnesses,
and FlFay Gf 1HaENfa u LaFI F.I
which he was convicted as provided u the preced-
ing section.
o Section 9. II, upon examination of said request
and the athdaVts Herewith presented, said justices
are OF the opinion thAt new and material evidence
has been discovered which not known, and
could not, by the use of due diligence, have been
obtained al the time of the TRIAL, and which would
tend conclusiyely TO show such convict innocent,
notwithstanding the evidence taken al the trial,
they shall appoint time and place for q hearing
thereon, and order notice to be given to the attor
neygeneral and 70 the county attorney of the
ty in which such convict was convicted, that they
may appear in behalf of the state.
Section 10. AT such hearing no evidence shall be
deemed pertinent except such as has been discov-
cred since the trial. and such relates TO material
cent
Section IL. If, upon all the evidence, said Jus
ticee are of the opinion that such convict
vrongfuly convicted or that he is innocent Of the
crime of which he was convicted, and that an APP
plication should be made for his pardon or fora
communication of his sentence they shall so order,
and therenpon the clerk of said court for the dis
trct in which such hearing is had shall make up a
record of the proceedings had such request, and
transmit copy thereof, and Of all the papers in the
case, to the governor, together with application
10 the governor made by bin, in behalf OF such
person, under the order and direction of said JUS
tees for such pardon or communication of sentence.
Section u. On receipt of such application and
not otherwise, the governor may, with the advice
and consent of the council, grant pardon a COM
mutation OF sentence, upon such conditions and
with such restri ctions and limitations as may be
deemed proper, and to carry the same into effect
may issue his warrant directed TO all proper officers
who shall serve and obey it,
Section 10. Such provisions shall be made for
the classification and labor of the convcts in state
prison, that those convicted of murder in the first
degree shall not be employed or in any way asso-
ciated with those convicted Of other offences.
Section IA All acts and parts of acts inconsist-
ent herewith, are hereby repealed.
tApproved March II, 1871
Chapter l34.
AN ACT to provide for the Fortnightly Payment
BE it enacted &c, as follows:
Section /. Every manufacturing, mining, quar-
ryng, stone-cutting mercantile horse railroad, tel
egraph. telephone and municipal corporation. and
every incorporated express and water company, and
any person or firm engaged in any of the above
specified kinds of business, having In their employ
more than ten persons, shall pay fortnightly each
and every empfoye engaged in its business, the
Of the date of said payment; provided, however,
that If at any time Of payment, any employe shall
be absent from his regular place of labor, be shall
be entitled tosaid payment at any time thereafter
on demand.
Section 2. Amy corporation violating any of the
provisions Of this act, shall be punished by fine
not less than ten nor more than twenty-five dollars
on each complaint under which it is convicted, pro-
vided, complaint for such violation is made within
thirty days from the date thereof.
Section 8, When corporation against which